[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53561-53564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25554]



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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 906


Colorado Regulatory Program

ACTION: Proposed rule; reopening and extension of public comment period 
and opportunity for public hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of proposed revisions to rules that 
had been previously approved by OSM and additional explanatory 
information pertaining to a previously proposed amendment to the 
Colorado regulatory program (hereinafter, the ``Colorado program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The revisions and additional explanatory information for Colorado's 
proposed rules pertain to the definition of ``road;'' adjustments in 
bond amount; the bond liability period on land reclaimed for industrial 
or commercial, or residential use; bond forms; terms and conditions of 
irrevocable letters of credit; the criteria and schedule for release of 
performance bonds; and erosion control on mine support facilities is 
within areas where the pre- and postmining land use is industrial or 
commercial. The amendment is intended to revise the Colorado program to 
be consistent with the corresponding Federal regulations and SMCRA, and 
improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., m.s.t. November 
15, 1995. If requested, a public hearing on the proposed amendment will 
be held on November 13, 1995. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., m.d.t., October 31, 1995.

ADDRESSES: Written comments should be mailed or hand delivered to James 
F. Fulton at the address listed below.

    Copies of the Colorado program, the proposed amendment, and all 
written comments received in response to this document will be 
available for public review at the addresses listed below during normal 
business hours, Monday through Friday, excluding holidays. Each 
requester may receive one free copy of the proposed amendment by 
contacting OSM's Denver Field Division.

James F. Fulton, Chief, Denver Field Division, Western Regional 
Coordinating Center, Office of Surface Mining Reclamation and 
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202
Colorado Division of Minerals and Geology, Department of Natural 
Resources, 215 Centennial Building, 1313 Sherman Street, Denver, 
Colorado 80203, Telephone: (303) 866-3567

FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 672-
5524.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

    On December 15, 1980, the Secretary of the Interior conditionally 
approved the Colorado program. General background information on the 
Colorado program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Colorado program can 
be found in the December 15, 1980, Federal Register (45 FR 82173). 
Subsequent actions concerning Colorado's program and program amendments 
can be found at 30 CFR 906.11, 906.15, 906.16, and 906.30.

II. Proposed Amendment

    By letter dated July 12, 1995, Colorado submitted a proposed 
amendment to its program (administrative record No. CO-670) pursuant to 
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed 
amendment in response to a February 7, 1990, letter (administrative 
record No. CO-484) that OSM sent to Colorado in accordance with 30 CFR 
732.17(c), and at its own initiative.
    OSM announced receipt of the proposed amendment in the July 28, 
1995, Federal Register (60 FR 38773), provided an opportunity for a 
public hearing or meeting on its substantive adequacy, and invited 
public comment on its adequacy (administrative record No. CO-670-4). 
Because no one requested a public hearing or meeting, none was held. 
The public comment period ended on August 28, 1995.
    In addition to the proposed amendment submitted on July 12, 1995, 
Colorado submitted under the same July 12, 1995, cover letter 
(administrative record No. CO-670), promulgated rules which had been 
previously approved by OSM (see 59 FR 28248, June 1, 1994, and 59 FR 
62574, December 6, 1994). Upon promulgation of these previously 
approved rules, Colorado revised and submitted several of them in 
response to the requirement to amend its program at 30 CFR 906.16(g) 
and at its own initiative. The previously approved provisions of 2 Code 
of Colorado Regulations 407-2, the rules and regulations of the 
Colorado Mined Land Reclamation Board that Colorado proposes to revise 
are: Rule 1.04(111), concerning the definition of ``road;'' Rule 
3.02.2(5), concerning adjustments in bond amount; Rule 3.02.3(2)(c), 
concerning the bond liability period on land reclaimed for industrial 
or commercial, or residential use; Rules 3.02.4(1), 3.02.4(1)(b) and 
(d), concerning bond forms; Rule 3.02.4(2)(c)(ix), concerning real 
property bonds; Rule 3.02.4(2)(d)(i), concerning terms and conditions 
of irrevocable letters of credit; Rule 3.03.1(2)(b), concerning the 
criteria and schedule for release of performance bonds; and Rule 
4.15.10(3), concerning erosion control on mine support facilities 
within areas where the pre- and postmining land use is industrial or 
commercial.
    Specifically, Colorado proposes to revise:
    Rule 1.04(111), the definition of ``road,'' to exclude public 
roads;
    Rule 3.02.2(5), to clarify the circumstances under which a 
permittee may request an adjustment in bond amount;
    Rule 3.02.3(2)(c), to require that the minimum period of bond 
liability on land reclaimed for industrial or commercial, or 
residential use must continue until, among other things, the permittee 
demonstrates that development of the land use has substantially 
commenced and is likely to be achieved;
    Rules 3.02.4(1) and 3.02.4(2)(c)(ix), to allow conditioned 
acceptance of real property bonds;
    Rule 3.02.4(1)(b), to include a reference to the rules concerning 
conditions for approval of a collateral bond;
    Rule 3.02.4(1)(d), to correct the citation of a referenced rule 
concerning approval of an alternative bonding system;
    Rule 3.02.4(2)(d)(i), to allow an irrevocable letter of credit to 
be issued by a bank outside the State of Colorado if the letter of 
credit can be exercised at an affiliate or subsidiary located in the 
State of Colorado;
    Rule 3.03.1(2)(b), to (1) allow for eighty-five percent of a bond 
amount to be released if, among other things, the established 
vegetation supports the approved postmining land use and (2) clarify 
that, with the exception of prime farmlands, the evaluation of 
vegetation establishment must be based on statistically valid data 
collected during a single year of the liability period; and
    Rule 4.15.10(3), to delete the requirement for a demonstration that 
retention of the mine support facilities will support the approved 
postmining land use.

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    During its review of the proposed amendment and previously approved 
rules for which Colorado proposed further revisions upon promulgation, 
OSM identified issues relating to the provisions at Rule 1.04(111), 
concerning the definition of ``road;'' Rules 3.02.4(1) and 
3.02.4(2)(c)(ix), concerning the allowance of real property bonds; Rule 
4.15.10(3), concerning erosion control on mine support facilities 
located within areas where the pre- and postmining land use is 
industrial or commercial; and Rule 4.20.3(2), concerning subsidence-
caused damages.
    OSM notified Colorado of the concerns by letter dated August 31, 
1995 (administrative record No. CO-670-7). Colorado responded in a 
letter dated September 26, 1995, by submitting additional explanatory 
information (administrative record No. CO-670-8).
    Colorado proposes additional explanatory information for Rules 
3.02.4(1) and 3.02.4(2)(c)(ix), concerning the allowance of real 
property bonds, and Rule 4.15.10(3), concerning erosion control on mine 
support facilities located within areas where the pre- and postmining 
land use is industrial or commercial. Specifically, Colorado explained 
that (1) because a collating error was made upon promulgation and Rule 
3.02.4(c)(ix) was inadvertently removed, submitted Rule 3.02.4(c)(ix) 
should be codified as Rule 3.02.4(c)(x), and (2) it is policy that only 
mine support facilities which are appropriate for the postmining land 
use are approved for retention. In addition, Colorado stated that (1) 
it is aware of proposed U.S. Congressional bills which would amend 
SMCRA by providing an exemption for public roads and that it will 
proceed with any necessary revision of the definition of ``road'' at 
Rule 1.04(111) upon resolution of these bills and (2) it anticipated a 
1996 rulemaking petition to address the necessary revisions at Rule 
4.20.3(2), concerning subsidence-caused damages.

III. Public Comment Procedures

1. Written Comments

    OSM is reopening the comment period on the proposed Colorado 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. In accordance with the provisions of 30 CFR 
732.17(h), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable program approval criteria of 30 CFR 732.15. If 
the amendment is deemed adequate, it will become part of the Colorado 
program.
    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under dates or at locations other than OSM's Denver Field Division will 
not necessarily be considered in the final rulemaking or included in 
the administrative record.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t. 
on October 31, 1995. Any disabled individual who has need for a special 
accommodation to attend a public hearing should contact the individual 
listed under FOR FURTHER INFORMATION CONTACT. The location and time of 
the hearing will be arranged with those persons requesting the hearing. 
If no one requests an opportunity to testify at the public hearing, the 
hearing will not be held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify at a hearing, 
a public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under Addresses. A written summary of each meeting 
will be made a part of the administrative record.

IV. Procedural Determinations

1. Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 
Review).

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsections 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of State regulatory programs and 
program amendments since each such program is drafted and promulgated 
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA 
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11, 
732.15, and 732.17(h)(10), decisions on proposed State regulatory 
programs and program amendments submitted by the States must be based 
solely on a determination of whether the submittal is consistent with 
SMCRA and its implementing Federal regulations and whether the other 
requirements of 30 CFR parts 730, 731, and 732 have been met.

3. National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

4. Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

5. Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal that is the subject of this rule is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Accordingly, this rule will ensure that 

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existing requirements previously promulgated by OSM will be implemented 
by the State. In making the determination as the whether this rule 
would have a significant economic impact, the Department relied upon 
the data and assumptions for the counterpart Federal regulations.

List of Subjects in 30 CFR Part 906

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 4, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-25554 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M